Venue Flashcards
Residency and Venue
Where all D’s reside in the same state
P may lay venue in judicial district where any single D resides
As long as all reside in the same state
What Dictates Venue
- residency of potential defendants
2. location of events giving rise to lawsuit
Residency of corporations for purpose of venue
are residents of any judicial district where they are subject to personal jurisdiction
location of events - venue
Where D’s reside in multiple states venue is dictated by location of harm.
May lay venue where substantial part of event giving rise to action or substantial part of the property over which action is about.
Reasons for Transfer of Venue
Convenience
Agreement
Interest of Justice
Transfer for Convenience
- Case could have been filed there
- transfer necessary for convenience of parties or witnesses
Cannot transfer cases from federal court to other court systems
Transfer by Agreement
if all parties join in a request to transfer to a particular venue,
court may do so even if PJ and venue would be lacking
Transfer in the interest of justice
if P files suit in improper venue, court may dismiss or
‘in the interest of justice’ transfer case to a venue where case could have been filed originally
discretion of court
Forum Non Conveniens
Where most convenient court is not in US
Court dismisses without prejudice so P can refile abroad